Category: Pennsylvania Commonwealth Court Opinions

In re: Appeal of MAIBACH, LLC from the Decision of the Board of Supervisors of Rapho Township. Appeal of: Rapho Township. Commonwealth Court of Pennsylvania.Argued June 9, 2011. Decided July 26, 2011. Appeal from the Court of Common Pleas, Lancaster County, No. CI-09-12798, Cullen, J. Page 1214 Matthew J. Creme, Jr., Lancaster, for appellant. Josele […]

460 A.2d 878 Dallastown Area School District, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Human Relations Commission, Respondent. Commonwealth Court of Pennsylvania.Argued January 31, 1983 June 1, 1983. Schools — Professional employees — Discrimination — Scope of appellate review — Sick leave — Maternity — Pregnancy — Pennsylvania Human Relations Act, Act of October 27, 1955, […]

389 A.2d 243 Mark A. Rinehart, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued March 3, 1978 July 26, 1978. Unemployment compensation — Voluntary termination — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Burden of proof — Cause of a necessitous and compelling nature […]

632 A.2d 603 DEPARTMENT OF ENVIRONMENTAL RESOURCES, Petitioner, v. Carl E. OERMANN, Respondent. Commonwealth Court of Pennsylvania.Argued March 30, 1993. Decided September 28, 1993. Appeal from the Environmental Hearing Board, No. 88-153-M. Page 561 Carl B. Schultz, Asst. Counsel, for petitioner. Eugene E. Dice for respondent. Page 562 Before McGINLEY and SMITH, JJ., and SILVESTRI, […]

432 A.2d 279 Waln K. Brown, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued June 4, 1981 July 15, 1981. Unemployment compensation — Wages — Employment — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — Burden of proof — Independent trade — Control and […]

288 A.2d 564 Thatch v. Superior Zinc Company, et al. Commonwealth Court of Pennsylvania.Argued February 10, 1972 March 6, 1972. Workmen’s compensation — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P. L. 736 — Final receipt — Mistake of fact — Pleadings — Findings of fact — Remand — Appealable order — Interlocutory […]

427 A.2d 1289 Barbara Resnick, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Temple University — of the Commonwealth System of Higher Education, Intervenor. Commonwealth Court of Pennsylvania.Argued March 2, 1981 April 14, 1981. Unemployment compensation — Wilful misconduct — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — […]

349 A.2d 787 Unemployment Compensation Board of Review of The Commonwealth of Pennsylvania v. Patricia Shrump, Appellant. Commonwealth Court of Pennsylvania.Argued October 30, 1975 December 29, 1975. Unemployment compensation — Scope of appellate review — Error of law — Findings of fact — Sufficient evidence — Inferences — Burden of proof — Availability — Medical […]

621 A.2d 1184 CITY OF BETHLEHEM, Petitioner, v. PENNSYLVANIA LABOR RELATIONS BOARD, Respondent. Commonwealth Court of Pennsylvania.Argued November 16, 1992. Decided February 19, 1993. Reargument Denied April 21, 1993. Appeal from the Pennsylvania Labor Relations Board (PLRB), No. PF-C-91-15-E. Page 545 Edward H. Feege, for petitioner. James L. Crawford and Timothy Tietze, for respondent. Anthony […]

520 A.2d 85 Rodolfo Reyes, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. January 14, 1987. Unemployment compensation — Voluntary termination — Cause of a necessitous and compelling nature — Health problems — Scope of appellate review — Violation of constitutional rights — Error of law — Findings […]

692 A.2d 246 NINE PENN CENTER ASSOCIATES, Appellant v. TAX REVIEW BOARD OF THE CITY OF PHILADELPHIA. Commonwealth Court of Pennsylvania.Argued February 6, 1997. Decided February 28, 1997. Reargument Denied May 2, 1997. Appeal from the Common Pleas court, County of Philadelphia, No. 9509-0019 September Term, 1995 Levin, J. Page 247 Michael P. Weinstein, Philadelphia, […]

668 A.2d 272 SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, Appellant, v. Renee DUNHAM. Commonwealth Court of Pennsylvania.Argued October 13, 1995. Decided December 7, 1995. Appeal from the Court of Common Pleas of Philadelphia County, No. 778 April Term, 1994, O’Keefe, J. Page 273 Joan A. Zubras, for appellant. Stephen E. Farber, for appellee. Before COLINS, President Judge, […]

773 A.2d 1265 TRENTON CHINA POTTERY AIG CLAIMS SERVICE, INC., Petitioners v. WORKERS’ COMPENSATION APPEAL BOARD (MENSCH AND PUBLIC SERVICE MUTUAL), Respondents; LAWRENCE MENSCH, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (TRENTON CHINA POTTERY), Respondent. No. 1681 C.D. 2000, 1707 C.D. 2000.Commonwealth Court of Pennsylvania.Submitted: October 27, 2000. Filed: April 3, 2001. Page 1266 Before: Honorable […]

650 A.2d 1120 Anna M. BURKEY, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (INFORMATION NETWORK SYSTEMS), Respondent. Commonwealth Court of Pennsylvania.Submitted August 19, 1994. Decided November 7, 1994. Appeal from the Workmen’s Compensation Appeal Board, No. A92-1871. Page 321 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

280 A.2d 488 City of Pittsburgh v. Kronzek. Commonwealth Court of Pennsylvania.Argued June 1, 1971 August 2, 1971. Municipalities — Abatement of public nuisances — Demolition of vacant and dilapidated buildings — Constitutional law — Police power — Search warrants. 1. Under the Act of 1915, May 13, P. L. 297, a city of the […]

452 A.2d 1125 Diane M. Calvanese, Appellant v. Michael J. Leist et al., Appellees. Commonwealth Court of Pennsylvania.Argued March 6, 1982 December 6, 1982. Highways — Responsibility of Commonwealth. 1. The exclusive responsibility for repair and maintenance of state highways is with the Commonwealth, and a municipality has no duty to warn persons of a […]

385 A.2d 605 Beckwith Machinery Company, Petitioner v. Commonwealth of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued February 28, 1978 April 28, 1978. Taxation — Manufacturing exclusion — Tax Reform Code of 1971, Act 1971, March 4, P.L. 6 — Reconditioning engines. 1. Tools, equipment and items used in a business to recondition engines, transmissions and […]

593 A.2d 1333 LEHIGH VALLEY POWER COMMITTEE, Petitioner, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent. Commonwealth Court of Pennsylvania.Argued April 3, 1991. Decided June 24, 1991. Appeal from the Public Utility Commission. Page 544 David M. Kleppinger, Harrisburg, for petitioner. Billie Ramsey, Harrisburg, for respondent. Merrill L. Kramer, Washington, D.C., for intervenors. Before CRAIG, President Judge, […]

327 A.2d 392 Lyman Willis Hunt, Appellant, v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellee. Commonwealth Court of Pennsylvania.Argued September 11, 1974 October 25, 1974. Motor vehicles — Suspension of motor vehicle operator’s license — Scope of appellate review — Findings of fact — Sufficient evidence — Error of law — […]

397 A.2d 20 William A. Zeiders and Doretta L. Zeiders, His Wife, t/a/d/b/a B L Garden Center, Appellants v. Zoning Hearing Board of Adjustment of West Hanover Township, Appellee. Commonwealth Court of Pennsylvania.Argued December 4, 1978 January 17, 1979. Zoning — Special exception — Nonconforming use — Repair and restoration — Continuation of nonconforming use […]

632 A.2d 950 Christina DUTROW, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (HECKARD’S CATERING), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs May 7, 1993. Decided October 5, 1993. Appeal from the Workmen’s Compensation Appeal Board, No. A92-0573. Page 638 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

539 A.2d 515 Ronald Jones v. Southeastern Pennsylvania Transportation Authority, et al. Upper Moreland Township, Appellant. Commonwealth Court of Pennsylvania.Argued February 24, 1988. March 30, 1988. Municipalities — Venue — Pa. R.C.P. Nos. 1006 and 2103 — JARA Continuation Act, Act of October 5, 1980, P.L. 693 — Preliminary objections — Waiver of objection. 1. […]

573 A.2d 263 In re Nomination Petition of John PRICE as Democratic Candidate for Office of Member of Ward Executive Committee for the 12th Ward, 21st Division. Appeal of Betty TOWNES. Commonwealth Court of Pennsylvania.Argued April 11, 1990. Decided April 17, 1990. Appeal from the Court of Common Pleas, Philadelphia County, No. 2536 March Term, […]

399 A.2d 818 Mercury Coal Company, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review and Albert Kuperavage, Respondents. Commonwealth Court of Pennsylvania.Argued March 8, 1979 April 5, 1979. Unemployment compensation — Voluntary termination — Cause of a necessitous and compelling nature — Transportation difficulty. 1. Transportation difficulties can constitute a necessitous and compelling […]

488 A.2d 1209 Top Oil Company, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. March 22, 1985. Unemployment compensation — Timeliness of appeal — Hearing on appeal — Due process — Additional evidence — Credibility — Voluntary termination — Termination to accept other employment. 1. When the last […]

360 A.2d 250 Robert B. Wicks and Lucy J. Wicks, Individually and as Parents and Natural Guardians of Jill, Geoffrey and Audrey Wicks, Minors, Appellants v. Milzoco Builders, Inc.; Carroll Builders, Inc.; R. L. Sheibley and Benjamin Breneman, trading as R. L. Sheibley Construction Co.; Georgian Hall Real Estate; Monroe Township; Eugene Cook; Chester Miller; […]

760 A.2d 1224 FLAGG BRASS, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (KATARZYNSKI), Respondent. No. 2421 C.D. 1999.Commonwealth Court of Pennsylvania.Submitted: December 31, 1999. Filed: October 19, 2000. Page 1225 Lori A. Tunstall and Deborah A. Rocco, Philadelphia, for petitioner. Fred M. Feder, Philadelphia, for respondent. Before: Honorable Dan Pellegrini, Judge; Honorable Rochelle S. Friedman, Judge; […]

285 A.2d 535 Dunk, et ux. v. The Manufacturers Light and Heat Company. Commonwealth Court of Pennsylvania.Argued October 6, 1971 December 29, 1971. Eminent domain — Condemnation bond — Propriety of taking — Manner of attacking propriety of taking — Eminent Domain Code, Act 1964, June 22, P. L. 84 — Preliminary objections — Remand. […]

718 A.2d 368 CENTRAL PARK LODGE, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (ROBINSON), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs July 24, 1998. Decided August 20, 1998. Reargument Denied October 13, 1998. Appeal from the Workers’ Compensation Appeal Board, No. A96-3591. Page 369 Cheryl Ann Yanni and Aubrey E. Timm, Blue Bell, for petitioner. Brian […]

936 A.2d 1252 City of Phila. v. Yoon Jim Sim. No. 935CD07.Commonwealth Court of Pennsylvania. December 6, 2007. Appeal from the Philadelphia County 0849 March Term 2006. Decisions Without Published Opinions Reversed.

865 A.2d 284 David Simonitis, Appellant v. Zoning Hearing Board of Swoyersville Borough. No. 1159 C.D. 2004.Commonwealth Court of Pennsylvania.Argued: November 2, 2004. Filed: January 3, 2005. Appeal from the Court of Common Pleas, No. 8056 -C of 2002, Lokuta, J. William L. Higgs, Mountain Top, for appellant. Page 285 Frank J. Aritz, Kingston, for […]

696 A.2d 884 EAST LAMPETER TOWNSHIP, Appellant, v. COUNTY OF LANCASTER, Lancaster County Human Relations Commission and Albert C. Hondares. Commonwealth Court of Pennsylvania.Argued June 2, 1997. Decided June 30, 1997. Appeal from the Court of Common Pleas, Lancaster County, No. 5178-1996, Allison, J. Elizabeth A. Hambrick-Stowe, Lancaster, for appellant. Christina L. Hausner, Lancaster, for […]

Snow Shoe Borough v. Snow Shoe Borough Authority. No. 179CD09.Commonwealth Court of Pennsylvania. November 16, 2009. Appeal from the Centre County 2006-2665. Commonwealth Court of Pennsylvania Decisions Without Published Opinions Affirmed.

648 A.2d 1315 UNIVERSITY OF PITTSBURGH, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (JOHNSON), Respondent. Commonwealth Court of Pennsylvania.Submitted August 19, 1994. Decided September 28, 1994. Appeal from the Workmen’s Compensation Appeal Board, No. A93-1150. Page 644 Lawrence J. Baldasare and Pamela G. Cochenour, for petitioner. Page 645 Alexander J. Pentecost, for respondent. Before DOYLE and […]

542 A.2d 185 R. A. Smith, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania State Horse Racing Commission, Respondent. Commonwealth Court of Pennsylvania. May 4, 1988. State Horse Racing Commission — Revocation of jockey’s license — Scope of appellate review — Error of law — Findings of fact — Substantial evidence — Wiretapping and Electronic Surveillance Control […]

802 A.2d 1269 Northwood Construction Company, Inc., Appellant v. Township of Upper Moreland. No. 2853 C.D. 2001.Commonwealth Court of Pennsylvania.Argued: June 13, 2002. Filed: July 19, 2002. Appeal from the Court of Common Pleas, Montgomery County, No. 99-13429, Moore, J. Page 1270 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

479 A.2d 77 Glabern Corporation et al., Petitioners v. Workmen’s Compensation Appeal Board (Michael Moccia), Respondents. Commonwealth Court of Pennsylvania.Argued April 5, 1984 August 7, 1984. Workmen’s compensation — Remand order — Available work — Petition to reinstate benefits. 1. When a remand in a workmen’s compensation case is for the specified limited purpose of […]

645 A.2d 320 Mary FINN v. CITY OF PHILADELPHIA, Appellant. Commonwealth Court of Pennsylvania.Argued December 15, 1993. Decided June 21, 1994. Petition for Allowance of Appeal Granted October 12, 1994. Appeal from the Court of Common Pleas, Philadelphia County, No. 2748 May Term 1988, Klein, J. Page 256 Alan C. Ostrow, Asst. City Solicitor, for […]

411 A.2d 1308 Ralph B. Humphreys, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Bonita R. Towndrow, Respondents. Commonwealth Court of Pennsylvania.Argued February 7, 1980 March 12, 1980. Workmen’s compensation — Attorney fees — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 — Reasonable basis for contest — Demand for […]

535 A.2d 739 Employee Benefit Plan of Harleysville Mutual Insurance Company and Harleysville Mutual Insurance Company and DeForrest VonLaufer, Petitioner v. George F. Grode, in his capacity as Insurance Commissioner for the Commonwealth of Pennsylvania and Chairman of the Catastrophic Loss Trust Fund Board, Respondent. Commonwealth Court of Pennsylvania.Argued September 15, 1987. January 12, 1988. […]

381 A.2d 513 Robert Lee Choice, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. January 12, 1978. Pennsylvania Board of Probation and Parole — Recommitment of convicted parole violator — Challenge to recommitment action — Multiple challenges. 1. A parolee challenging action of the Pennsylvania Board of […]

382 A.2d 789 Anthony Chiango, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued December 8, 1977 February 22, 1978. Unemployment compensation — Conflicting evidence — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Absences — Violation of rules — Warnings — Wilful misconduct. 1. In […]

342 A.2d 788 Dr. Paul F. Rosenstein and Wanda Rosenstein, h/w as parents and natural guardians of Michelle Karin Rosenstein, Appellants, v. The North Penn School District, John G. Skibbe, Robert A. DiDomizio, John H. Bell, Joan K. Gauker, Mary E. Gehman, S. Gregory Golazeski, Robert L. Kagler, Roy S. Myers and Carl D. Rohrbach, […]

327 A.2d 196 Richard P. Beville, Appellant, v. Commonwealth of Pennsylvania, State Civil Service Commission, Appellee. Commonwealth Court of Pennsylvania.Argued September 11, 1974 October 24, 1974. Civil service — State Civil Service Commission — Credibility — Prior hearing — Due process — Constitution of the United States, Fourteenth Amendment. 1. It is for the State […]

In Re: The Nomination Papers of Thomas C. CREIGHTON as Candidate for State Representative in the 37th Legislative District. Mary Jane Balmer and Ronald C. Newswagner, Petitioners. Commonwealth Court of Pennsylvania.Heard March 27, 2006. Decided April 7, 2006. Publication Ordered May 22, 2006. Page 1167 Lawrence M. Otter, Doylestown, for petitioner. Lindsey M. Glah and […]

In re Nomination Papers of Light, In re Walls. 1727CD06.Commonwealth Court of Pennsylvania. October 2, 2006. Appeal from the Appeal from the Franklin County 2006-2725. Decisions Without Published Opinions Affirmed in Part and Reversed in Part.

408 A.2d 194 Max Tietjens, Thomas H. Ainsworth, Anthony J. DeVincent and William Lechler, Appellants v. Victor Riccobono, Appellee. Commonwealth Court of Pennsylvania.Argued October 5, 1979 November 19, 1979. Argued October 5, 1979, before Judges WILKINSON, JR., DiSALLE and MacPHAIL, sitting as a panel of three. Appeal, No. 521 C.D. 1979, from the Order of […]

823 A.2d 263 Pennsylvania State Police, Petitioner v. Larry L. Swinehart, Respondent. No. 1248 C.D. 2002.Commonwealth Court of Pennsylvania.Argued: April 1, 2003. Filed: May 7, 2003. Daniel R.I. McGuire, Harrisburg, for petitioner. Page 264 Mitchell A. Sommers, Ephrata, for respondent. BEFORE: COHN, Judge; LEAVITT, Judge and FLAHERTY, Senior Judge. OPINION BY Judge COHN. The Pennsylvania […]

504 A.2d 980 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Timothy James McVay, Appellee. Commonwealth Court of Pennsylvania. February 14, 1986. Motor vehicles — Licensing — Suspension — Conviction — Citation — Fine — Delay. 1. The only issues in a motor vehicle license suspension case are whether the licensee […]

636 A.2d 1254 MUNICIPALITY OF BETHEL PARK, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (William H. WILLMAN, Deceased, and Carol Willman, Widow), Respondent. Commonwealth Court of Pennsylvania.Argued November 18, 1993. Decided January 7, 1994. Appeal from the Workmen’s Compensation Appeal Board, A-91-2680. Page 275 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

399 A.2d 169 Dennis Grady, Petitioner v. Glen R. Jeffes (Warden), State Correctional Institution, Dallas, Pennsylvania, and Pennsylvania Board of Probation and Parole, Respondents. Commonwealth Court of Pennsylvania. March 28, 1979. Pennsylvania Board of Probation and Parole — Preliminary detention hearing — Preliminary hearing in criminal case — Notice of decision — Regulations. 1. It […]

299 A.2d 660, 309 A.2d 193 Duquesne Light Company, Appellant v. Board of Property Assessment, Appeals and Review of Allegheny County, Pennsylvania, Appellee. The American Telephone and Telegraph Company, Appellant v. Board of Property Assessment, Appeals and Review of Allegheny County, Pennsylvania, Appellee. The Bell Telephone Company of Pennsylvania, Appellant v. Board of Property Assessment, […]

471 A.2d 173 ACF Industries, Incorporated, AMCAR — Division, Petitioner v. Workmen’s Compensation Appeal Board (Brown), Respondents. Commonwealth Court of Pennsylvania.Argued November 16, 1983 February 10, 1984. Workmen’s compensation — Forfeiture — Designated physicians — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736. 1. Under Section 306(f)(1) of The Pennsylvania Workmen’s […]

320 A.2d 411 City of Philadelphia, Appellant, v. Bernard J. Murphy, Appellee. Commonwealth Court of Pennsylvania.Argued April 4, 1974 May 29, 1974. Employment — Regulation 32 of the Philadelphia Civil Service Commission — Scope of appellate review — Violation of constitutional rights — Abuse of discretion — Error of law — Findings of fact — […]

514 A.2d 302 Appeal of Leandro Angelone from the Decision of the Zoning Hearing Board of the Township of Springfield. Leandro Angelone, Appellant. Commonwealth Court of Pennsylvania.Argued June 9, 1986 August 29, 1986. Zoning — Special exception — Scope of appellate review — Undertaker — Funeral director — Embalming — Professional office. 1. In a […]

612 A.2d 591 Marvin and Kathleen FACTOR, his wife, Appellants, v. W. Wilson GOODE and Cheryl Weiss, Appellees. Commonwealth Court of Pennsylvania.Submitted on Briefs February 4, 1992. Decided June 25, 1992. Appeal from the Common Pleas Court, Philadelphia County, No. 5052 February term, 1990, G.D. Cohen, J. Page 82 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

687 A.2d 1219 FRANCES D. WARATUKE, Petitioner v. WORKMEN’S COMPENSATION APPEAL BOARD (HANDEE MARTS), Respondent. Commonwealth Court of Pennsylvania.Submitted December 20, 1996 Filed January 23, 1997 Appeal from the Workmen’s Compensation Appeal Board, No. A95-0876. Gary D. Ludin, Pittsburgh, for petitioner. Maureen Kowalski, Pittsburgh, for respondent. Before COLINS, President Judge, PELLEGRINI, J., LORD, Senior Judge. […]

682 A.2d 68 John Edward ATTENBERGER, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Robert J. JAKUBEK, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Argued May 14, 1996. Decided August 22, 1996. Appeal from the Unemployment Compensation Board of Review, Nos. B-339824 and B-339818-B. Page 69 Evalynn Welling, Pittsburgh, for Petitioners. […]

763 A.2d 564 KATE URBAN, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (BURLINGTON COAT FACTORY), Respondent. No. 1697 C.D. 2000.Commonwealth Court of Pennsylvania.Submitted: October 20, 2000. Filed: December 6, 2000. Thomas F. Sacchetta, Media, for petitioner. Julie L. Coyle, Philadelphia, for respondent. Before: Honorable James Gardner Colins, Judge; Honorable Dan Pellegrini, Judge; Honorable Joseph F. McCloskey, […]

489 A.2d 948 Rosemarie Cundiff, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. March 19, 1985. Unemployment compensation — Burden of proof — Willful Misconduct — Scope of appellate review — Good cause — Abusive language — Insubordination. 1. The burden of proving willful misconduct in an unemployment […]

A-JON CONTRACTORS, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (Gregory DiMARZIO (dec’d), Margaret DiMarzio), Respondent. No. 1520 C.D. 2006.Commonwealth Court of Pennsylvania.Submitted on Briefs December 8, 2006. Decided January 19, 2007. Appeal from the Workers’ Compensation Appeal Board, No. A05-2595. Page 726 Jason D. Herpel, Philadelphia, for petitioner. William F. Sweeney, Media, for respondent. BEFORE: COLINS, […]

David RICHARDSON, Petitioner v. Jeffrey A. BEARD, Respondent. No. 329 M.D. 2007.Commonwealth Court of Pennsylvania.Submitted on Briefs: October 26, 2007. Decided: January 18, 2008. David D. Richardson, petitioner, pro se. Scott A. Bradley, Sr. Deputy Attorney General, Pittsburgh and Susan J. Forney, Chief Deputy Attorney General, Harrisburg, for respondent. BEFORE: PELLEGRINI, Judge, COLINS, Senior Judge[*] […]

299 A.2d 693 Allegheny Airlines, Inc., et al. v. Philadelphia. Commonwealth Court of Pennsylvania.Argued December 6, 1972 January 26, 1973. Taxation — Appeals — Appellate Court Jurisdiction Act, Act 1970, July 31, P. L. 673 — Jurisdiction of Commonwealth Court of Pennsylvania — Moot questions — Validity of ordinance — Amendment of ordinance prior to […]

760 A.2d 914 Robert A. CICCHINELLI, Petitioner, v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. No. 1173 C.D. 2000.Commonwealth Court of Pennsylvania.Submitted on Briefs August 25, 2000. Decided October 13, 2000. Appeal from the Board of Probation and Parole, No. 95770. Page 915 Robert A. Cicchinelli, petitioner, pro se. Susan M. Zeamer, Harrisburg, for respondent. […]

308 A.2d 208 Middle Paxton Township, Appellant v. Borough of Dauphin, Appellee. Derry Township Supervisors, Appellant v. Borough of Hummelstown, Appellee. Derry Township Supervisors, Appellant v. Borough of Hummelstown, Appellee. Commonwealth Court of Pennsylvania.Argued May 8, 1973 July 20, 1973. Annexation — Statutory construction — Statutes in pari materia — Annexation procedures — Constitution of […]

Campoli v. Zoning Hearing Board of the Township/Borough of Abington. No. 705CD06.Commonwealth Court of Pennsylvania. November 20, 2006. Appeal from the Montgomery County 04-12214. Decisions Without Published Opinions Affirmed.

521 A.2d 87 G. S., Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued November 20, 1986 February 18, 1987. Child abuse — Child Protective Services Law, Act of November 26, 1975, P.L. 438 — Expungement — Factfinding authority — Scope of appellate review — Burden of proof — Substantial […]

396 A.2d 496 Patricia L. Case, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued November 3, 1978 January 22, 1979. Public assistance — Child care reimbursement — Licensed day care facility — Regulations — Public Welfare Code, Act 1967, June 13, P.L. 31 — Duty to determine day care […]

Farrell v. Clinton Township Board of Supervisors. No. 1094CD08.Commonwealth Court of Pennsylvania. March 26, 2009. Appeal from the Wayne County 691-2007-Civil. Decisions Without Published Opinions. Vacated and Remanded.

545 A.2d 975 Merle Walters and Patricia Walters, his wife v. Mark W. Kamppi et al. National Fuel Gas Supply Corporation, Appellant. Anna C. Hill, Administratrix of the Estate of Joseph A. Hill, deceased, Anna C. Hill, in her own right, and Anna C. Hill, as parent and natural guardian of Joann L. Hill and […]

867 A.2d 658 Fraternal Order of Police, Fort Pitt Lodge No. 1, by and through its Trustee Ad Litem, FOP President Michael Havens; and Michael Havens, in his capacity as a resident and taxpayer of the City of Pittsburgh, County of Allegheny, Commonwealth of Pennsylvania, Petitioners v. Dennis Yablonsky, in his Capacity as Secretary, Commonwealth […]

399 A.2d 1183 Fidelity Electric Co., Inc., Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued March 8, 1979 April 12, 1979. Unemployment compensation — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Inability to perform required tasks. 1. An employe discharged for […]

565 A.2d 508 PROVIDENT NATIONAL BANK, Lois F. McNeil, George M. Brodhead and Warrin C. Meyers, Executors of the Estate of Henry S. McNeil, Appellants, v. The MONTGOMERY COUNTY BOARD OF ASSESSMENT APPEALS, Appellee. Carolyn W. JONES, (Carolyn W. Lamberton), Clifford H. Swain, and R. Craig Butchenhart, Executors of the Estate of Robert E. Lamberton, […]

370 A.2d 1234 Thomas C. Banks, Appellant v. Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania. Commonwealth Court of Pennsylvania.Argued December 6, 1976 March 17, 1977. Unemployment compensation — Timeliness of appeal — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Burden of proof — Presumption of regularity of acts […]

IN RE THE GREEK ORTHODOX KATHEDRIKOS OF SAINT GEORGE; APPEAL OF McGRATH. No. 2176CD05.Commonwealth Court of Pennsylvania. March 20, 2006. Appeal from Philadelphia County No. 410 NP of 2005. Decision without published opinion. Affirmed.

462 A.2d 947 Maryjo S. Kustafik, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. July 22, 1983. Unemployment compensation — Wilful misconduct — Burden of proof — Scope of appellate review — Right to submit briefs and present argument — Failure to properly raise question below — Due […]

GLADSTONE PARTNERS, LP, Appellant v. EAST UNION TOWNSHIP. No. 1586 C.D. 2010.Commonwealth Court of Pennsylvania.Argued June 6, 2011. Decided July 21, 2011. Appeal from the Court of Common Pleas, Schuylkill County, No. S-1957-99, Stine, J. Page 543 Eric M. Prock, Pottsville, for appellant. Kevin M. Walsh, Jr., Drums, for appellee. BEFORE: LEADBETTER, President Judge, and […]

629 A.2d 318 Richard DEGROOT, Appellant v. BOARD OF SUPERVISORS OF TOWNSHIP OF TINICUM and Nicholas Forte and Bruce Wallace and Charles Yax. Commonwealth Court of Pennsylvania.Argued May 13, 1993. Decided July 28, 1993. Appeal from the Court of Common Pleas of Bucks County, No. 92-01446-13-5, Biehn, J. Page 351 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

690 A.2d 842 COMMONWEALTH OF PENNSYLVANIA v. NORMAN and SUSAN MARCUS, Appellants. Commonwealth Court of Pennsylvania.Argued June 13, 1996. Decided March 10, 1997. Appeal from Court of Common Pleas, Montgomery County, No 07085-92. Page 843 Michael J. McCaney, Jr., Blue Bell, for appellants. R. Rex Herder, Jr., Willow Grove, for appellee. Before PELLEGRINI and FRIEDMAN, […]

360 A.2d 315 Hayden McGuire, Appellant v. Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued May 6, 1976 July 21, 1976. Unemployment compensation — Voluntary termination — Burden of proof — Cause of a necessitous and compelling nature — Dissatisfaction with wages or working conditions — Change in […]

478 A.2d 954 Kenneth F. Olson, Appellant v. Board of School Directors Methacton School District, Appellee. Commonwealth Court of Pennsylvania.Argued April 2, 1984 July 24, 1984. Schools — Reassignment of teacher — Hearing — Public School Code of 1949, Act of March 10, 1949, P.L. 30 — Suspension or demotion. 1. A professional employe has […]

440 A.2d 676 New Sorrento, Inc., t/a Applause, Appellant v. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellee. Commonwealth Court of Pennsylvania.Argued October 9, 1981 February 3, 1982. Liquor — Revocation of liquor license — Scope of appellate review — Sufficient evidence — Error of law — Abuse of discretion — Single sale to minor […]

585 A.2d 586 In re BETHLEHEM TOWNSHIP ANNUAL AUDIT AND FINANCIAL REPORT 1982. In re BETHLEHEM TOWNSHIP ANNUAL AUDIT AND FINANCIAL REPORT 1983. In re BETHLEHEM TOWNSHIP ANNUAL AUDIT AND FINANCIAL REPORT 1984. Appeal of PEAT MARWICK MAIN and COMPANY, Appellant. Commonwealth Court of Pennsylvania.Argued October 29, 1990. Decided January 9, 1991. Petition for Allowance […]

358 A.2d 438 G. W. Dakoski v. Nicholas Urda, Appellant. Commonwealth Court of Pennsylvania.Argued April 8, 1976 June 7, 1976. Taxation — Earned income tax — The Local Tax Enabling Act, Act 1965, December 31, P.L. 1257 — Uniformity — Tax Reform Code of 1971, Act 1971, March 4, P.L. 6 — Preemption — Taxation […]

412 A.2d 680 Modjeski and Masters, Petitioner v. Thomas D. Larson, Secretary of the Department of Transportation and Cecil M. Andrews, Comptroller of the Department of Transportation, Respondents. Commonwealth Court of Pennsylvania.Argued February 5, 1980 March 20, 1980. Contracts — Claims against the Commonwealth — Jurisdiction of the Board of Claims — Act of 1937, […]

505 A.2d 385 Joan McCreary, Appellant v. City of Philadelphia, Appellee. Commonwealth Court of Pennsylvania.Argued December 10, 1985 February 26, 1986. Governmental immunity — Appeals — Pennsylvania Rule of Civil Procedure 1030 — New matter — Preliminary objections. 1. As a general rule, a litigant may not raise a new argument for the first time […]

675 A.2d 810 William P. JENNINGS, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted January 5, 1996. Decided May 3, 1996. Appeal from the Unemployment Compensation Board of Review, No. B-340376. Page 811 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

493 A.2d 800 Enon Valley Telephone Co., Appellant v. Raymond F. Market and Anna L. Market, his wife, Appellees. Commonwealth Court of Pennsylvania.Argued March 12, 1985 June 6, 1985. Eminent domain — Scope of appellate review — Error of law — Abuse of discretion — De facto condemnation — Trespass — Negligence. 1. In an […]

411 A.2d 281 Edna Wood, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Warren State Hospital, Respondent. Commonwealth Court of Pennsylvania. February 21, 1980. Civil service — Scope of appellate review — Administrative Agency Law, 2 Pa. C.S. § 704 — Violation of constitutional rights — Error of law — Findings of fact — […]

744 A.2d 355 PAT’S AUTO SALES, Appellant v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES No. 1149 C.D. 1999Commonwealth Court of Pennsylvania.Submitted: November 12, 1999 Decided: January 12, 2000 Appeal from the Department of Transportation. Page 356 Paul J. Duca, Philadelphia, for appellant. Elaine N. Blass and Timothy P. Wile, Asst. Counsel […]

588 A.2d 988 Al CULLENEN, Appellant, v. COMMONWEALTH of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued September 13, 1990. Decided March 21, 1991. Appeal from the Common Pleas Court, Lycoming County, No. 88-11,222, Thomas C. Raup, President Judge. Page 509 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

850 A.2d 829 Raymond J. Hesse, Petitioner v. Pennsylvania State Police, Respondent. No. 1984 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: March 12, 2004. Filed: May 25, 2004. Page 830 Tina M. Hesse, Brookville, for petitioner. Daniel R.L. McGuire, Harrisburg, for respondent. BEFORE: COLINS, President Judge; SIMPSON, Judge; JIULIANTE, Senior Judge. OPINION BY PRESIDENT JUDGE COLINS. Raymond […]

456 A.2d 722 Abington Heights School District, Appellant v. Township of South Abington, William Cole, Alfred Lockett and Giles Stanton, Appellees. Commonwealth Court of Pennsylvania.Argued December 15, 1982 March 2, 1983. Argued December 15, 1982, before Judges ROGERS, CRAIG and MacPHAIL, sitting as a panel of three. Appeal, No. 69 T.D. 1981, from the Order […]

550 A.2d 1049 Charles Anderson, Appellant v. Commonwealth of Pennsylvania, Appellee. Bookmart Video, Inc., Appellant v. Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued October 5, 1988. December 7, 1988. Pornography — Best evidence rule — Reliable cross section of the community. 1. Where a bookstore and its president were charged with violating a local […]

George E. MITCHELL Jr., Petitioner v. OFFICE OF OPEN RECORDS, Respondent. No. 1353 C.D. 2009.Commonwealth Court of Pennsylvania.Submitted on Briefs February 19, 2010. Decided June 29, 2010. George E. Mitchell, petitioner, pro se. Corinna V. Wilson, Chief Counsel, Harrisburg, for respondent. R.H. Hawn, Jr., Asst. Counsel and Barbara L. Christie, Chief Counsel, Harrisburg, for intervenor, […]

491 A.2d 928 Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Michael P. McKiniry, Appellee. Commonwealth Court of Pennsylvania. January 16, 1985. Motor vehicles — Suspension of motor vehicle operator’s license — Separate offenses. 1. In a license suspension proceeding, a motor vehicle operator is properly charged with four separate violations when he ran four […]

799 A.2d 957 Cambria County Deputy Sheriffs Association, Petitioner v. Pennsylvania Labor Relations Board, Respondent. No. 2588 C.D. 2001.Commonwealth Court of Pennsylvania.Argued: May 6, 2002. Filed: June 4, 2002. Sean T. Welby, Harrisburg, for petitioner. John B. Neurohr, Harrisburg, for respondent. Robert S. Brierton, Johnstown, for intervenor, Cambria County. Before: Honorable Bernard L. McGinley, Judge; […]